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BELOIT - Advocates of the proposed Wisconsin Victims of Crime Amendment, known as Marsy's Law, say it would provide crime victims more rights.

Protections would include the opportunity for victims to speak more during court proceedings. Currently, victims have the right to speak at disposition, or the end of the court case. Marsy's Law for Wisconsin would allow them to speak up during release, plea, sentencing, disposition, parole, revocation, expungement or pardon proceedings, according to Brian Reisinger, a spokesman for Marsy's Law of Wisconsin.

Written by Rep. Todd Novak of Dodgeville and Sen. Van Wanggaard of Racine, Reisinger said the new protections expand upon those already in the state constitution. For example, victims could have the right to have records that might be used to locate them or other confidential information kept private.

Although the state constitution says victims have the right to be free from delay, Marsy's Law for Wisconsin would add that victims be free from "unreasonable" delays.

"When someone is accused of a crime, he or she has a right to a speedy trial. We also think that when someone becomes the victim of a crime, the victim ought to have a right to be free of unreasonable delay because the court process can be a painful and terrifying one. Victims can be concerned about their safety. Having a long drawn-out court process is something victims ought to have protections against, just as the accused have protections," Reisinger said.

Criminals can opt at any time to not talk to the authorities as part of their Fifth Amendment rights, and Marsy's Law for Wisconsin would afford victims similar rights when dealing with the defense in a pre-trial setting.

All material that is subject to a criminal investigation would still be fully available to both the prosecution and defense. The defendant would still have the constitutional right to confront the accuser in court, and could still petition the judge if they disagree with the victim on whether information should be made available during pre-trial discovery.

"Victims deserve to have rights that are equal to those who attacked them, and that's what Marsy's Law for Wisconsin does - nothing more, nothing less. A victim of sexual assault shouldn't have her diary read by her rapist if it's not related to the crime. Under our proposal, all information that is part of a criminal investigation will still be available to the accused," Reisinger said.

Wisconsin was the first state to adopt a "Crime Victims Bill of Rights" in state statute. Wisconsin also passed a constitutional amendment to the state constitution in 1993, adding victims' rights.

"This is an issue Wisconsin has been a leader on and we are talking about continuing that leadership by updating our state constitution to make rights equal for victims of crime," Reisinger said.

Marsy's Law of Wisconsin is working with Novak, Wanggaard and a statewide coalition to pass the legislation. The legislation has 40 co-sponsors who are both Republican and Democrat.

The legislature will have to pass the measure twice before a statewide referendum can be scheduled. The legislation could be on the ballot in 2019.

Marsy's Law is named after Marsalee "Marsy" Nichola, who was stalked and killed by an ex-boyfriend in 1983.

Although Marsy's Law is picking up momentum, it does have its critics such as attorneys working in criminal defense.

Jeff Livingston, an attorney who does criminal defense with Bolgrien, Koepke, Kimes and Livingston in Beloit, said he's concerned that Marsy's Law could prevent a person accused of a crime from getting information that could prove his or her innocence.

"If someone is accused of a crime, our constitution says he or she gets a fair trial and access to information to defend oneself," he said. "If both sides can't have access to the information, you aren't going to get to the truth and will have people who are innocent get convicted."

Livingston said he'd rather have nine guilty people go free than one innocent person be convicted.

Livingston said everyone has the same rights under the constitution and Wisconsin has a bill of rights for victims with 49 provisions in state statute 950.04 in addition to resources devoted to police, prosecution and a victim-witness office.

"Marsy's Law doesn't allow victims to direct the prosecution, or terminate the prosecution. Marsy's law only gives powers the statutes already grant victims," Livingston said.

Victims are already notified of all court appearances, are given the right to discuss their case with the district attorney handling it and get their say at sentencing.

Livingston said the statutes have a provision which holds any public official accountable for adhering to victims' rights, and makes them subject to a forfeiture of up to $1,000. Adding to the existing 49 rights could become more cumbersome for the prosecution.

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